Bawden

The accused, Osman, applied for a directed verdict on a charge of accessory after the fact to murder.

Osman had assisted the principal offender in escaping after a shooting, but the victim did not die until three days later.

The Crown conceded the accused could not be convicted of the charged offence since the victim was alive at the time of assistance, but argued for a conviction on the included offence of accessory after the fact to attempt murder.

The court rejected the Crown's arguments, finding that accessory after the fact to attempt murder is not an included offence under s. 662(1) and cannot be applied via s. 660 in these circumstances.

The application was granted and a directed verdict of acquittal was entered.

The offender was convicted of second degree murder and manslaughter following a public shooting outside a nightclub.

The offender, who was involved in drug trafficking and habitually carried a firearm, shot and killed an innocent peacemaker and then shot and killed a second victim who attempted to prevent his escape.

The court sentenced the offender to life imprisonment with an 18-year period of parole ineligibility for the second degree murder, and a concurrent 15-year sentence for the manslaughter, emphasizing denunciation and the aggravating factor of the offender's involvement in the drug trade.

The applicant, charged with second degree murder following a home-invasion robbery, applied for bail under s. 522 of the Criminal Code based on a material change in circumstances since her initial detention order.

The court found that the COVID-19 pandemic and the availability of a new, highly reliable surety constituted material changes.

The court concluded that the applicant met her onus on the secondary and tertiary grounds, noting the stringent release plan involving house arrest, electronic monitoring, and substantial sureties.

The applicant was granted judicial interim release.